The general terms and conditions of sale and service provision (hereinafter referred to as "the General Conditions") of FamilyReShape consisting of both the present Preamble and the clauses that follow it are concluded between, on the one hand, FamilyReShape as described in the "Legal Notice" document, and on the other hand, the Client designating the person who has placed an order either via the websites of FamilyReShape, by telephone or during an event where the company FamilyReShape is present.
The present General Conditions of Sale ("GCS") aim to govern all the rights and obligations of the parties in the context of all transactions concluded for consideration on the websites of FamilyReShape.
The website www.FamilyReShape.com as well as any online material made available through third party providers are all the exclusive property of FamilyReShape, whose head office is located at Lausanne, Vaud, Switzerland. Registered in the trade registry of SportFirst Sàrl under the following UID: CHE-372.657.100.
By subscribing to any product and/or service presented on the sites of FamilyReShape, customers declare their unreserved adherence to these general conditions of sale.
These general conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationships.
No specific condition, initiated by the customer, may be added to and/or substitute for these general conditions.
The fact that the sites of FamilyReShape do not take advantage of a breach by the client of any of the obligations contained in these conditions cannot be interpreted for the future as a waiver of the obligation in question.
1 - PURPOSE
The present General Conditions aim to determine the conditions under which, on the one hand, any act of purchase of one or several Products presented on the Sites and defined in article 2 below is carried out, and on the other hand, any act of registration for a seminar or personalized coaching (hereinafter "the Services").
2 - CHARACTERISTICS OF THE PRODUCTS
The books, films, and other intellectual works are published by FamilyReShape (hereinafter "the Products"), sole holders of the exploitation rights of these works.
The Products are exclusively delivered in electronic form, by download or streaming.
The graphic presentation of the Products on the Sites are only illustrations. Their presentations may therefore be modified during download.
3 - ORDERING PRODUCTS AND REGISTRATION FOR SERVICES
3.1 - The Client may place an order or register for Services via the Sites, by telephone, or during events in which the company FamilyReShape is present.
3.2 - Ordering Products and Registration for Services via the Sites
3.2.1 - Via the Sites, the Client will be able to place an order once they have opened an account. The Client will need to identify themselves by providing their contact details and once identified, they can reconnect using an identifier composed of their email address and a password of their choice. They will be able to change the password at will. This password is strictly personal and must be kept confidential.
The Client expressly acknowledges that entering their email address and password constitutes identification on their part.
3.2.2 - Conclusion of the contract – double click
The contract is validly formed when, after entering their email address and password, the Client has made their order (1st click), has been able to read and accept the General Conditions, has verified the contents of their order (all the Products they wish to purchase and/or all the Services to which they wish to subscribe), has corrected any possible errors, and has confirmed it with a second click. The double-click procedure constitutes consent on the part of the Client and entails the enforceability of the amounts due under the execution of the contract by the company FamilyReShape.
Any contract conclusion confirmed by the second click entails an obligation to pay.
3.3 - Confirmation of the conclusion of the contract
An email with the General Conditions will be sent to the Client's email address to confirm the conclusion of the contract on a durable medium. This confirmation email will also transmit the order number and will summarize all the elements that are subject to the general obligation of information.
Consequently, it is strongly recommended that the Client keeps this acknowledgment of receipt email.
4 – TARIFF CONDITIONS
4.1 – Currency – VAT – Other Taxes The rates indicated on the Sites are in EURO (EUR) including all taxes (TTC) for Clients. The VAT rate applied is the legal rate in force on the day of the transaction. In the event of a change in the amount of the Swiss VAT rate for a resident on Swiss territory, the adaptation of the TTC prices will be immediate, without prior information. The VAT rate is adapted to European countries according to the laws in force. In the event of a manifest and gross typographical error on the price display, the contract may be canceled.
4.2 – Modification of Tariffs The company FamilyReShape may modify the rates of its Products and Services at any time. However, the changes will not apply to contracts previously validly formed (article 3-2).
5 – PAYMENT
5.1 – The payment of the entire order price must be made at the time of the order; the receipt of the full payment by the company FamilyReShape triggers the provision of the Product and/or the registration for the Service(s). The company FamilyReShape may, exceptionally, grant payment in installments, particularly in view of the amount to be paid and the knowledge it has of the concerned Client. However, FamilyReShape is under no obligation to grant such payment terms. The Client may request this by contacting the customer service of FamilyReShape at contact@familyreshape.com.
5.2 – To settle his order, the Client has the choice of all the payment methods offered at the time of validating the order: by credit card or bank transfer if requested by the customer and accepted by the company FamilyReShape In case of payment by credit card, the Client expressly acknowledges that the communication of his bank card number and/or SEPA direct debit to FamilyReShape constitutes authorization to debit his account up to the total amount corresponding to the ordered Products or to the registration for Services. The amount will be debited upon the conclusion of the contract. Online secure payment by credit card is carried out through the company Stripe. The transmitted information is encrypted by software in the state of the art and cannot be read during transport over the network. Any guarantee as to the security of this system is entirely the responsibility of Stripe, which are proven and handle millions of secure payments every day.
5.3 – The Client guarantees the company FamilyReShape that he has the necessary authorizations to use the chosen payment method, when validating the order form. The company FamilyReShape reserves the right to suspend any management of an order in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The company FamilyReShape reserves the right to refuse to honor an order from a Client who has not fully paid for the present order or partially a previous order or with whom a payment dispute is under administration.
5.4 – The company FamilyReShape reserves the possibility of setting up a verification procedure for orders intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Client may be asked to send by email or mail to the company FamilyReShape a copy of an ID, a proof of residence and the copy of the credit card used for payment (front and back copy taking care to only show the first 4 and last 2 digits of the number on the front and masking the cryptogram and the full card number that may appear in relief on the back of the card). The order will only be validated after receipt and verification of the documents sent.
5.5 - Payments exceeding the monthly installment over 3 months will automatically become subscriptions with limited duration.
6 – AVAILABILITY OF PRODUCTS – CUSTOMER SERVICE
6.1 – The Products are made available to the Client after full payment and exclusively by download, made available to the Client in a standard format. The Client must check if their computer system has the capabilities to download.
6.2 – To assist the Client, after acquiring the Product, the company FamilyReShape provides an email service at contact@familyreshape.com.
6.3 - The videos unlock week by week and are available for viewing at will.
7 – COOLING-OFF PERIOD
7.1.1 – The Client has a cooling-off period of 14 calendar days, starting from the date of the contract's conclusion, to exercise their right of withdrawal.
7.1.2 – The Client may exercise this right using the withdrawal form provided at the end of the General Conditions or via an email clearly stating their desire to withdraw to contact@familyreshape.com. The company FamilyReShape will acknowledge receipt of the exercise of the right of withdrawal by sending an email to the address provided by said Client.
7.1.3 – This right of withdrawal is exercised without penalty.
7.1.4 – The company FamilyReShape commits to processing the refund using the same payment method used for the initial transaction. The refund will be made within a maximum of 30 calendar days from the FamilyReShape becoming aware of the Client's wish to withdraw.
8 – CONTRACTUAL SATISFACTION GUARANTEE – REFUND CONDITIONS
8.1 The regulations exclude the legal cooling-off period in the case of the "supply of audio or video recordings, or computer software when they have been unsealed by the Client". Thus, the legal cooling-off period is void from the moment the ordered product is downloaded and/or accessible.
8.2 – In certain special cases, the company FamilyReShape may offer a satisfaction guarantee for some Products or Services. This guarantee is indicated on the Sites' pages presenting the Product or Service concerned. When such a satisfaction guarantee is indicated, the Client may contact the company FamilyReShape at contact@familyreshape.com to request a refund.
8.3 – Refund conditions applicable to seminars Refund of registration for a seminar is possible in only the following two cases: – the Client attended the seminar and expressed their dissatisfaction clearly and in detail before the end of the 2nd day (14 hours). In case of non-attendance, the Client cannot be refunded.
8.4 – In the case of a request to transfer the registration to another person, there is an administrative fee of EUR 100.- excluding VAT.
8.5 Except for the right of withdrawal and the optional commercial guarantee, no refund is made after ordering the product. No refund is made after receipt of the login credentials and password. No refund is made if there is a connection to the member platform. No refund is made after downloading all or part of the ordered product. The refund of the ordered service is possible only if such an option is mentioned on the sales page of the service concerned and under the conditions specified therein. Also expressly excluded from any possibility of refund are:
– Any request from a client who has refused to participate in all or part of the activities contained in the program prepared by the instructor.
– Any request from a client who has refused to apply one or more of the instructor's advice.
– Any out-of-time request.
– Telephone advice, reservations for coaching sessions, conferences, seminars, as well as any event or product not explicitly carrying the "satisfied or refunded" mention in the description made on this site. Subject to the client respecting these formalities, the refund will be made within 30 working days.
9 – LIABILITY
The company FamilyReShape is fully responsible for the proper execution of the order. However, any poor performance or non-performance due to a cause attributable to the Client (notably outdated or underpowered computer system), to force majeure, or to an unforeseeable and insurmountable event of a third party to the contract can exonerate FamilyReShape from all or part of its liability.
10 – SUSPENSION – TERMINATION OF ACCOUNT BY THE COMPANY
The company FamilyReShape reserves the right to suspend or terminate the account of a Client who breaches the provisions of the General Conditions, or in general the applicable legal provisions, without prejudice to any damages that FamilyReShape may seek. Any person whose account has been suspended or closed will not be able to order in the future or create a new account on the Sites, without the prior authorization of the company FamilyReShape.
11 – ARCHIVING – PROOF
The computerized records, kept in reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms, order confirmations, and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy. The computerized registers of the company FamilyReShape will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
12 – MISCELLANEOUS PROVISIONS
Generally, the Client and FamilyReShape expressly accept the possibility of exchanging information via email. The correspondence address of the company FamilyReShape will be contact@familyreshape.com. The General Conditions may be modified by FamilyReShape at any time to incorporate, on the one hand, any legislative or jurisprudential changes applicable in particular to e-commerce and, on the other hand, any technical or technological evolution improving the Sites. If any of the stipulations of these General Conditions is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions. Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments made within these General Conditions, whatever may have been the frequency and duration, shall not be deemed to modify the General Conditions, nor generate any right whatsoever.
13 – DISPUTE RESOLUTION
These General Conditions are subject to Swiss law. In the event of a dispute, the Client, may opt for conventional mediation or any other alternative dispute resolution method. If the Client is a professional, exclusive jurisdiction is expressly attributed to the courts of Switzerland.